Air Plan Approval; Iowa; Amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa; Proposal, 15526-15528 [2018-07218]
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15526
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules
Regulation Identification Number
A regulation identification number
(RIN) is assigned to each regulatory
action listed in the Unified Agenda of
Federal Regulations. The Regulatory
Information Service Center publishes
the Unified Agenda in April and
October of each year. The RIN contained
in the heading of this document can be
used to cross reference this action with
the Unified Agenda.
List of Subjects in 23 CFR Part 658
Grants Program—transportation,
Highways and roads, Motor carriers.
Issued on: April 6, 2018.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway
Administration.
In consideration of the foregoing, the
FHWA proposes to amend 23 CFR part
658, as set forth below:
PART 658—TRUCK SIZE AND WEIGHT,
ROUTE DESIGNATIONS—LENGTH,
WIDTH AND WEIGHT LIMITATIONS
1. The authority citation for part 658
continues to read as follows:
■
Route
Authority: 23 U.S.C. 127 and 315; 49
U.S.C. 31111, 31112, and 31114; sec. 347,
Pub. L. 108–7, 117 Stat. 419; sec. 756, Pub.
L. 109–59, 119 Stat. 1219; sec. 115, Pub. L.
109–115, 119 Stat. 2408; 49 CFR 1.48(b)(19)
and (c)(19).
2. Amend Appendix A to Part 658 by
adding an entry to the New York portion
of the table:
■
Appendix A to Part 658—National
Network—Federally—Designated
Routes
*
*
*
*
From
*
To
New York
*
*
Sheridan Boulevard (NY 895) ...........................
*
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*
[FR Doc. 2018–07480 Filed 4–10–18; 8:45 am]
BILLING CODE 4910–22–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2017–0143; FRL–9976–50–
Region 7]
Air Plan Approval; Iowa; Amendment
to the Administrative Consent Order,
Grain Processing Corporation,
Muscatine, Iowa; Proposal
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the State Implementation
Plan (SIP) for the State of Iowa to
incorporate an amendment to the
Administrative Consent Order (ACO) for
Grain Processing Corporation (GPC),
Muscatine, Iowa. The revision amends
the ACO to change the date for
completion of performance testing from
May 31, 2017, to May 31, 2018, to allow
the state more time to complete the
remaining air construction permit
applications submitted by GPC, and to
specify testing requirements as
appropriate in the final permits. When
the state submitted the request to amend
the ACO, twelve of the 107 permits were
incomplete. At this time, only two
permits have not been issued by the
State. The air quality in Muscatine,
Iowa, has not been adversely impacted
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SUMMARY:
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Comments must be received on
or before May 11, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2017–0143 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
DATES:
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by the remaining pending permit
approvals. This revision will not impact
the schedule for installation and
operation of control equipment, will not
alter any other compliance dates, and
will not adversely affect air quality in
Muscatine, Iowa, as explained in the
revised Technical Support Document
that is part of this docket.
This proposal will also address
adverse comments submitted to the
docket.
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submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7039, or by email at
hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision been met?
IV. EPA’s Response to Comment
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
On August 25, 2017, EPA proposed to
approve a revision to the Iowa State
Implementation Plan (SIP) which
amended the Administrative Consent
Order (ACO) for Grain Processing
Corporation (GPC), Muscatine, Iowa.
The revision amended the ACO to
change the date for completion of
performance testing from May 31, 2017,
to May 31, 2018, to allow the state more
time to complete processing the
remaining air construction permit
applications submitted by GPC, and to
specify testing requirements as
appropriate in the remaining final
permits. See 82 FR 40519. In
E:\FR\FM\11APP1.SGM
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Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules
III. Have the requirements for approval
of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The state instituted a 30-day
comment period; no comments were
received. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. In addition, as
explained above and in more detail in
the revised Technical Support
Document which is part of this docket,
the revision meets the substantive SIP
requirements of the Clean Air Act
(CAA), including section 110 and
implementing regulations.
comment and EPA’s response is as
follows:
Comment 1: The commenter first
stated that the TSD was not available in
the docket. The TSD was not available
in the docket when the proposal and
direct final notices were published on
Friday, August 25, 2017.
Response 1: The TSD was made
publicly available on Monday, August
28, 2017 which was one business day.
EPA did not grant an extended comment
period as suggested by the commenter.
When the TSD was available in the
docket, no additional comments were
received through the end of the
comment period (September 25, 2017).
However, because the TSD was not
publicly available on the date the notice
was published, this proposal allows for
additional comment.
Comment 2: The commenter stated
that granting an extension for GPC to
perform testing may cause a violation of
emission limits, which could cause a
delay in issuing permits, and therefore
cause additional air pollution that
would have an adverse impact on air
quality in Muscatine, Iowa.
Response 2: The amendment to the
ACO which provides a one-year
extension on performance tests, only
affects two of the total of 107 required
permits. The remaining 105 permits
have already been issued by the State.
This ACO revision does not delay or
allow an extension of the requirements
for implementation of the control
measures required by the ACO. GPC is
still required to conduct the
performance testing; the deadline is
merely adjusted for the two outstanding
permits. The permits that have been
finalized, including the permit that
allowed the facility to convert from
burning coal to natural gas, have
resulted in improved air quality in
Muscatine, Iowa. There have been no
exceedances of the 2006 24-hour
NAAQS for fine particulate matter with
a diameter of PM2.5 since July 2015,
before the natural gas conversion.
The complete and quality assured
ambient air quality monitoring data for
the area shows that the area has, and
continues to attain the NAAQS.
Background information with regard to
air quality in Muscatine, Iowa, as well
as design values of air monitors are
included in the revised TSD, included
in this docket.
IV. EPA’s Response to Comment
The public comment period for EPA’s
proposed rule opened August 25, 2017,
the date of its publication in the Federal
Register, and closed on September 25,
2017. During this period, EPA received
an adverse comment. The adverse
V. What action is EPA taking?
EPA is proposing to approve a SIP
revision submitted by the State of Iowa
to incorporate an amendment to the
Administrative Consent Order (ACO)
with Grain Processing Corporation
(GPC), Muscatine, Iowa. EPA is also
conjunction with the August 25, 2017
notice of proposed rulemaking (NPR),
EPA issued a direct final rule (DFR)
approving the amended ACO. See 82 FR
40491. In the DFR, EPA stated that if
adverse comments were submitted to
EPA by September 25, 2017, the action
would be withdrawn and not take effect.
EPA received an adverse comment prior
to the close of the comment period. EPA
withdrew the DFR on October 12, 2017.
See 82 FR 47396.
This proposal will also address
adverse comments submitted to the
docket.
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II. What is being addressed in this
document?
This proposed revision to the Iowa
State Implementation Plan (SIP) will
incorporate an amendment to the
Administrative Consent Order (ACO)
with Grain Processing Corporation
(GPC), Muscatine, Iowa. The revision
changes the date for completion of
performance testing from May 31, 2017,
to May 31, 2018, to allow the state more
time to complete processing the
remaining air construction permit
applications submitted by GPC, and to
specify testing requirements as
appropriate in the remaining final
permits. This amendment will not
impact the schedule for installation and
operation of control equipment, will not
alter any other compliance dates, and
will not adversely affect air quality in
the Muscatine, Iowa, area as explained
in the Technical Support Document that
is part of this docket.
This proposal will also address
adverse comments submitted to the
docket.
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15527
responding to comments received in the
docket, and by responding to comments
provides additional information with
regard to the remaining permits to be
finalized by the State of Iowa. A revised
TSD is included as part of this docket
to support the revision to the ACO.
We are processing this as a proposed
action because we are soliciting
comments. Final rulemaking will occur
after consideration of any comments.
VI. Incorporation by Reference
In this action, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
Iowa’s EPA-approved State sourcespecific permits described in the direct
final amendments to 40 CFR part 52 set
forth below. EPA has made, and will
continue to make, these materials
generally available through https://
www.regulations.gov and at the EPA
Region 7 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State Implementation Plan, have been
incorporated by reference by EPA into
that plan, are fully Federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
1 62
E:\FR\FM\11APP1.SGM
FR 27968 (May 22, 1997).
11APP1
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Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 11, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
Dated: March 27, 2018.
Karen A. Flournoy,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA proposes to amend 40
CFR part 52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Q—Iowa
2. Section 52.820 paragraph(d) is
amended by revising the entry ‘‘(29)
Grain Processing Corporation’’ to read
as follows:
■
§ 52.820
*
Identification of plan.
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(d)* * *
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EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS
Name of source
Order/Permit No.
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(29) Grain Processing Corporation.
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Administrative Consent Order No.
2014–AQ–A1.
*
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*
*
*
State effective
date
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1–16–17
EPA approval date
Explanation
*
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12/1/14, 79 FR 71025; amendment approved [date of final publication in the
Federal Register], [final Federal
Register citation].
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The last sentence of Paragraph 5, Section III and Section VI are not approved by EPA as part of the SIP.
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[FR Doc. 2018–07218 Filed 4–10–18; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 180
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[EPA–HQ–OPP–2017–0006; FRL–9975–57]
Receipt of Several Pesticide Petitions
Filed for Residues of Pesticide
Chemicals in or on Various
Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice of filing of petitions and
request for comment.
AGENCY:
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This document announces the
Agency’s receipt of several initial filings
of pesticide petitions requesting the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
SUMMARY:
Comments must be received on
or before May 11, 2018.
DATES:
Submit your comments,
identified by docket identification (ID)
number and the pesticide petition
number (PP) of interest as shown in the
body of this document, by one of the
following methods:
ADDRESSES:
E:\FR\FM\11APP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Proposed Rules]
[Pages 15526-15528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07218]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2017-0143; FRL-9976-50-Region 7]
Air Plan Approval; Iowa; Amendment to the Administrative Consent
Order, Grain Processing Corporation, Muscatine, Iowa; Proposal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the State Implementation Plan (SIP) for the State
of Iowa to incorporate an amendment to the Administrative Consent Order
(ACO) for Grain Processing Corporation (GPC), Muscatine, Iowa. The
revision amends the ACO to change the date for completion of
performance testing from May 31, 2017, to May 31, 2018, to allow the
state more time to complete the remaining air construction permit
applications submitted by GPC, and to specify testing requirements as
appropriate in the final permits. When the state submitted the request
to amend the ACO, twelve of the 107 permits were incomplete. At this
time, only two permits have not been issued by the State. The air
quality in Muscatine, Iowa, has not been adversely impacted by the
remaining pending permit approvals. This revision will not impact the
schedule for installation and operation of control equipment, will not
alter any other compliance dates, and will not adversely affect air
quality in Muscatine, Iowa, as explained in the revised Technical
Support Document that is part of this docket.
This proposal will also address adverse comments submitted to the
docket.
DATES: Comments must be received on or before May 11, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0143 to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. EPA's Response to Comment
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background
On August 25, 2017, EPA proposed to approve a revision to the Iowa
State Implementation Plan (SIP) which amended the Administrative
Consent Order (ACO) for Grain Processing Corporation (GPC), Muscatine,
Iowa. The revision amended the ACO to change the date for completion of
performance testing from May 31, 2017, to May 31, 2018, to allow the
state more time to complete processing the remaining air construction
permit applications submitted by GPC, and to specify testing
requirements as appropriate in the remaining final permits. See 82 FR
40519. In
[[Page 15527]]
conjunction with the August 25, 2017 notice of proposed rulemaking
(NPR), EPA issued a direct final rule (DFR) approving the amended ACO.
See 82 FR 40491. In the DFR, EPA stated that if adverse comments were
submitted to EPA by September 25, 2017, the action would be withdrawn
and not take effect. EPA received an adverse comment prior to the close
of the comment period. EPA withdrew the DFR on October 12, 2017. See 82
FR 47396.
This proposal will also address adverse comments submitted to the
docket.
II. What is being addressed in this document?
This proposed revision to the Iowa State Implementation Plan (SIP)
will incorporate an amendment to the Administrative Consent Order (ACO)
with Grain Processing Corporation (GPC), Muscatine, Iowa. The revision
changes the date for completion of performance testing from May 31,
2017, to May 31, 2018, to allow the state more time to complete
processing the remaining air construction permit applications submitted
by GPC, and to specify testing requirements as appropriate in the
remaining final permits. This amendment will not impact the schedule
for installation and operation of control equipment, will not alter any
other compliance dates, and will not adversely affect air quality in
the Muscatine, Iowa, area as explained in the Technical Support
Document that is part of this docket.
This proposal will also address adverse comments submitted to the
docket.
III. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The state instituted a
30-day comment period; no comments were received. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the revised
Technical Support Document which is part of this docket, the revision
meets the substantive SIP requirements of the Clean Air Act (CAA),
including section 110 and implementing regulations.
IV. EPA's Response to Comment
The public comment period for EPA's proposed rule opened August 25,
2017, the date of its publication in the Federal Register, and closed
on September 25, 2017. During this period, EPA received an adverse
comment. The adverse comment and EPA's response is as follows:
Comment 1: The commenter first stated that the TSD was not
available in the docket. The TSD was not available in the docket when
the proposal and direct final notices were published on Friday, August
25, 2017.
Response 1: The TSD was made publicly available on Monday, August
28, 2017 which was one business day. EPA did not grant an extended
comment period as suggested by the commenter. When the TSD was
available in the docket, no additional comments were received through
the end of the comment period (September 25, 2017). However, because
the TSD was not publicly available on the date the notice was
published, this proposal allows for additional comment.
Comment 2: The commenter stated that granting an extension for GPC
to perform testing may cause a violation of emission limits, which
could cause a delay in issuing permits, and therefore cause additional
air pollution that would have an adverse impact on air quality in
Muscatine, Iowa.
Response 2: The amendment to the ACO which provides a one-year
extension on performance tests, only affects two of the total of 107
required permits. The remaining 105 permits have already been issued by
the State. This ACO revision does not delay or allow an extension of
the requirements for implementation of the control measures required by
the ACO. GPC is still required to conduct the performance testing; the
deadline is merely adjusted for the two outstanding permits. The
permits that have been finalized, including the permit that allowed the
facility to convert from burning coal to natural gas, have resulted in
improved air quality in Muscatine, Iowa. There have been no exceedances
of the 2006 24-hour NAAQS for fine particulate matter with a diameter
of PM2.5 since July 2015, before the natural gas conversion.
The complete and quality assured ambient air quality monitoring
data for the area shows that the area has, and continues to attain the
NAAQS. Background information with regard to air quality in Muscatine,
Iowa, as well as design values of air monitors are included in the
revised TSD, included in this docket.
V. What action is EPA taking?
EPA is proposing to approve a SIP revision submitted by the State
of Iowa to incorporate an amendment to the Administrative Consent Order
(ACO) with Grain Processing Corporation (GPC), Muscatine, Iowa. EPA is
also responding to comments received in the docket, and by responding
to comments provides additional information with regard to the
remaining permits to be finalized by the State of Iowa. A revised TSD
is included as part of this docket to support the revision to the ACO.
We are processing this as a proposed action because we are
soliciting comments. Final rulemaking will occur after consideration of
any comments.
VI. Incorporation by Reference
In this action, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Iowa's EPA-approved State source-specific permits described
in the direct final amendments to 40 CFR part 52 set forth below. EPA
has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region 7
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion
in the State Implementation Plan, have been incorporated by reference
by EPA into that plan, are fully Federally enforceable under sections
110 and 113 of the CAA as of the effective date of the final rulemaking
of EPA's approval, and will be incorporated by reference by the
Director of the Federal Register in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions
[[Page 15528]]
of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 11, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Dated: March 27, 2018.
Karen A. Flournoy,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
0
2. Section 52.820 paragraph(d) is amended by revising the entry ``(29)
Grain Processing Corporation'' to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(d)* * *
EPA-Approved Iowa Source-Specific Orders/Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Order/Permit No. effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(29) Grain Processing Administrative 1-16-17 12/1/14, 79 FR 71025; The last sentence of
Corporation. Consent Order amendment approved Paragraph 5, Section
No. 2014-AQ-A1. [date of final III and Section VI
publication in the are not approved by
Federal Register], EPA as part of the
[final Federal SIP.
Register citation].
* * * * * * *
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* * * * *
[FR Doc. 2018-07218 Filed 4-10-18; 8:45 am]
BILLING CODE 6560-50-P
